Superficies in Roman law  Cover Image
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За суперфицията в римското право
Superficies in Roman law

Author(s): Malina Novkirishka- Stoyanova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: The subject of this article is the evolution of superficies and the principle “Superficies solo cedit” - one of the best known and lasting rules of Roman civil law. The author discusses the problems of its genesis, the sources in which it is found, the area it covers and its attachment to particular Systems of Roman civil law. She builds her thesis on the etymological analysis of the concept. The article treats the preserved fragments in the Digesta and Justinian's Code of Essays of classical Roman jurists on superficies. Presenting the genesis of its principle, the author directs our attention to the close links of the principle with natural law in the sense of ratio naturalis. The article devoted to the problem of how the principle was attached to particular systems of the Roman civil code, stresses that though the principle was one of the natural code laws, it also fitted within ius civile and ius honorarium. She admits that superficies is an institute of Roman Law, which synthesizes the land practice of the Roman Principate. The research fits into the chronological tracing of the legal regulation of superficies and also in the succession of legal constructions and specific Roman models of long-term land relationship.

  • Issue Year: XLVI/2005
  • Issue No: 1
  • Page Range: 3-19
  • Page Count: 17
  • Language: Bulgarian